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ARIJIT BANERJEE, APURBA SINHA RAY
Sonali Kumar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. The above three mandamus appeals have been filed against the common judgment and order dated 15.12.2022 whereby WPA No. 35543 of 2013 (writ petition filed by Sonali Kumar) and WPA No. 4431 of 2019 (writ petition filed by Sipra Mandal) were, in effect, dismissed by a learned Judge of this Court.
2. The appellant Sonali Kumar had earlier filed writ petitions alleging that her contiguous land owner Smt. Sipra Mondal had raised unauthorized construction on her land without obtaining sanction from the concerned authority. In previous writ petitions the Hon’ble High Court had directed the Howrah Zilla Parishad to take steps against the illegal and unauthorized construction made by the respondent no. 6, Smt. Sipra Mondal and the authority was further directed to demolish such unauthorized construction of Smt. Sipra Mondal. However, by filing another writ petition the said Sipra Mondal alleged that the appellant Sonali Kumar and her husband also raised unauthorized construction in their property without obtaining proper sanction plan. In an appropriate proceeding the Howrah Zilla Parishad was directed to take necessary action in respect of both the construct
Unauthorized constructions cannot be legalized if the necessary application procedures and building regulations are not followed, emphasizing the importance of legislative intent in such matters.
The judgment underscores the importance of adhering to local building regulations and the authority of local bodies to enforce compliance.
Illegal construction – Demolition of - Executive and political apparatus of the State take serious view of the menace of illegal and unauthorized constructions and stop their support to the lobbies o....
The court upheld the municipality's authority to regularize a revised building plan for a fourth floor, concluding the petitioner's challenge was unmaintainable due to lack of contest against the rev....
Unauthorized construction cannot be regularized as a minor deviation under the Howrah Municipal Corporation Act, and must be demolished if not sanctioned.
The court emphasized that demolition orders under the West Bengal Panchayat Act must come from authorized bodies, prohibiting post facto sanctions for unauthorized constructions.
Fraud in obtaining building permits triggers action under Section 7-A alongside ongoing proceedings under Section 10 of the Regulation of Building Operations Act, establishing non-mutual exclusivity ....
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